Thirteen Filipino women have been sentenced to four years in prison by a Cambodian court after being convicted of human trafficking for allegedly planning to sell babies conceived through surrogacy. The Kandal Provincial Court suspended two years of their sentence but found substantial evidence that the women intended to profit by selling the babies, which constitutes human trafficking under Cambodian law.
Authorities clarified that the women, who are all pregnant, will not begin serving their sentences until after they give birth. However, the fate of the babies once they are born remains unclear.
The arrests occurred during a raid on a villa near Phnom Penh on September 23. In addition to the 13 pregnant women, four Vietnamese women and seven more Filipino women who were not pregnant were apprehended and subsequently deported. A Cambodian woman who assisted the group by cooking meals was sentenced to two months and one day in jail for her role.
Debate Over Victimhood
The case has sparked debate over whether the women should be considered perpetrators or victims. Nicholas Felix Ty, undersecretary of the Philippine Department of Justice, argued that the women were victims of human trafficking. However, Cambodian Interior Minister Chou Bun Eng rejected this assertion, stating that the women were aware of their actions and should be held accountable.
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Illegal Surrogacy Industry Thrives
Despite being banned in 2016, commercial surrogacy continues to thrive in Cambodia, driven by demand from foreign clients, particularly from China. The practice initially gained momentum after neighboring Thailand outlawed commercial surrogacy in 2015. Clients reportedly pay agencies between $40,000 and $100,000 to arrange surrogacy services in Cambodia, where costs are significantly lower than in developed countries.
This is not the first high-profile surrogacy case in Cambodia. In 2017, an Australian nurse who operated a surrogacy clinic was sentenced to 18 months in prison. The following year, 32 surrogate mothers were charged with human trafficking but were released on the condition that they raised the children themselves.
Potential Repercussions
The sentencing raises broader concerns about how governments address the surrogacy industry and its impact on vulnerable women in developing countries. The situation also highlights the ethical complexities and legal ambiguities surrounding surrogacy in regions where it remains illegal.
